Probate is the procedure where a Will is admitted to record in the Probate Division of the Clerk’s Office of the Circuit Court and/or Probate is the process of appointing and qualifying a person as Executor or Administrator of an estate. Probate can also be defined as the entire process of administering an estate. There are two types of Probate, probate with qualification and probate without qualification.

Primarily, probate should be held in the jurisdiction in which the decedent last resided. However, Probate may be done where the decedent owned real estate, or where he/she died, or where he/she owned any estate. You may contact the Probate Clerk to help you determine what jurisdiction Probate needs to be conducted in.

No. The Clerk's Office does not hold wills for safekeeping. If the will was filed in the Loudoun County Courthouse prior to October 1997, and it has not been removed, then it is still being held for safekeeping in the Probate Office.

If you are the owner of a will that was secured in the Loudoun County Courthouse, you may retrieve your will provided that you have proper identification. You must contact a probate clerk to be sure they are available to retrieve your will.

If you are not the owner of a will that was secured in the Loudoun County Courthouse, (i.e. if you are retrieving the will for a parent / sibling / spouse who is unable to appear in person), you must bring your identification, as well as a notarized statement requesting that you, specifically, have their permission to retrieve their will, along with a copy of their ID. You must contact a probate clerk to be sure they are available to retrieve the will.

You must provide the Probate Clerk with a death certificate. You must also provide proper identification. The Probate Clerk will review the secured will to determine who the nominated Executor is. If your identification matches the nominated Executor named in the will, the secured will may be released into your possession. You must contact a probate clerk to be sure they are available to retrieve the will.

Please note: Once a will is removed from safekeeping by a Probate Clerk, it will not be accepted again for safekeeping.

If an estate consists of personal assets not totaling more than $25,000, and 60 days have passed since the date of death and no Personal Representative has qualified in any jurisdiction, a small estate affidavit may be issued to the heirs at law when there is no will, or to the beneficiaries of a will once the will and/or the list of heirs at law have been recorded. An appointment with the probate department is necessary for this procedure. A certified copy of the death certificate is also required.

When you apply to open an account for an estate or a trust at any financial institute, you will be asked for the taxpayer identification number. The IRS issues taxpayer identification numbers. You must complete an SS-4 form. To obtain a taxpayer identification number, the preferred method of the IRS is as follows: